• Agenda

Minutes of Meeting of the Inverness, Nairn, Badenoch and Strathspey Licensing  Committee held in the Town Hall, Inverness on Tuesday, 17 September, 2007 at 10.00 a.m.

 

 

 

 

Mr P Corbett in the Chair

 

Business

 

1.           Apologies for Absence

 

Apologies for absence were intimated on behalf of Mr Drew Hendry.

 

2.           Minutes of Previous Meeting                                                                                     

 

The Minutes of the meeting of the Committee held on 31 July, 2007 had been circulated and were APPROVED.

 

3.           Application for the Grant of a Street Trader’s Licence

 

There had been circulated Report No. LCI-12/07 dated 22 August, 2007 by the Area Solicitor which related to an application for the grant of a Street Trader’s Licence for Mr Iain MacKay.

 

Mr Elsey having explained that the Police objection had been withdrawn, the Committee NOTED that the application could now be dealt with under delegated powers.

 

4.           Application for the Grant of a Street Trader’s Licence

 

There had been circulated Report No. LCI-13/07 dated 13 August, 2007 by the Area Solicitor which related to an application for the grant of a Street Trader’s Licence for Mr Paul Brady.

 

In attendance relating to the application:

 

Inspector Henderson, Northern Constabulary

The applicant was not present although had been invited to attend.

 

After hearing from Inspector Henderson and following discussion, the Committee REFUSED the application for a Street Trader’s Licence.

 

5.           Application for Licensing of Late Hours Catering Establishments

Review of Permitted Opening Hours

 

There had been circulated Report No. LCI-14/07 dated 22 August, 2007 by the Area Solicitor which related to a Consultation Process carried out in respect of the opening hours of Late Hours Catering Establishments within Inverness.

 

Inspector Henderson of Northern Constabulary explained that the Police objected to the proposed Policy because it would lead to increased groups of people congregating in the City Centre, requiring additional Police resources.

 

Attention was also drawn to TEC Services objection to the proposal.

 

During discussion certain Members spoke in favour of the Policy for the following reasons:

 

·        People leaving licensed premises would benefit from being able to buy food when the bars and clubs closed. The Fire Service were in favour of providing food to people who had been consuming alcohol, although it would be ideal if licensed premises were able to serve food.

·        Inverness was a City and there was an expectation from local residents and visitors that catering facilities would be available during the early hours.

·        It did not make sense to allow people to drink alcohol until 3am but not to buy food.

·        During the trial period no complaints had been received and the Police had not reported any significant problems

·        Police resourcing was a matter for the Police.

 

Other Members spoke against the Policy as follows:

 

·        Food would not sober up people who had consumed excessive alcohol.

·        The litter clearance zone was ineffective as people wandered further away and dropped their litter whenever they finished what they were eating.

·        The anti-social behaviour already experienced at taxi ranks would be duplicated at catering outlets.

·        More people would be encouraged to hang around the streets leading to more disturbance for residents.

 

In response to questions Mr Somerville explained that he considered sufficient time had been given for responses to the consultation.

 

Following discussion Mr T Prag seconded by Mrs P Munro moved that the Policy be adopted as recommended.  Mrs B McAllister seconded by Mr P Parr moved as an amendment not to adopt the Policy.  Mr J Ford seconded by Mrs H Carmichael moved as a second amendment that the matter be deferred pending further information from the Police on the number of incidents at such establishments during the trial period.

 

On a division and a vote having been taken by a show of hands between the first amendment and the second amendment, the result was 4 votes for Mrs McAllister’s first amendment to refuse the proposal and 9 votes for Mr Ford’s second amendment to defer the proposal.

 

Prior to the second amendment being voted against Mr Prag’s motion, Mr Prag withdrew his motion, and the Committee therefore agreed to DEFER the matter pending further information from the Police.

           

6.           Application for the Grant of a Late Hours Catering Licence

 

There had been circulated Report No. LCI-15/07 dated 22 August, 2007 by the Area Solicitor which related to an application by Thajudheen Kalodi in respect of Spice Malabar, 32a Church Street, Inverness for the grant of a Late Hours Catering Licence which permitted trading until 3.00 a.m. on Thursdays, Fridays and Saturdays, 1.00 a.m. on Wednesdays and Sundays and until 12 midnight on Mondays and Tuesdays.

 

In attendance relating to the application:

 

Mr Thajudheen Kalodi, Applicant

Ms L Murray, Agent

 

Following discussion, the Committee GRANTED the Licence for a period of 3 months pending a decision on the Policy on late hours catering opening hours (item 5, above) and subject to a condition that more bin capacity was provided by the applicant and the usual conditions attached to late hours catering licences.  It was also AGREED that once the Policy was decided the applicant could apply for a permanent licence without incurring a further application fee.

 

7.           Application for the Renewal of a Late Hours Catering Licence

 

There had been circulated Report No. LCI-16/07 dated 22 August, 2007 by the Area Solicitor which related to an application by Ahmet Dogaca in respect of Max 2, 2-4 Lombard Street, Inverness for the renewal of a Late Hours Catering Licence which permitted trading until 3.00 a.m. on Thursdays, Fridays and Saturdays, until 1.00 a.m. on Sundays and until 12 midnight on Mondays, Tuesdays and Wednesdays.

 

In attendance relating to the application:

 

Mr Ahmet Dogaca, Applicant

Ms L Murray, Agent

 

The Committee GRANTED the Licence for a period of 3 months pending a decision on the Policy on late hours catering opening hours (item 5, above) and subject to a condition that more frequent bin uplifts were undertaken and the usual conditions attached to late hours catering licences.  It was also AGREED that once the Policy was decided the applicant could apply for a permanent licence without incurring a further application fee.

 

8.           Application for the Grant of a Late Hours Catering Licence

   

There had been circulated Report No. LCI-17/07 dated 22 August, 2007 by the Area Solicitor which related to an application by Enbiya Kilig in respect of Topkafi, 44 Baron Taylor’s Street, Inverness for the grant of a Late Hours Catering Licence which permitted trading until 3.00 a.m. on Thursdays, Fridays and Saturdays, until 1.00 a.m. on Sundays and until 12 midnight on Mondays, Tuesdays and Wednesdays.

 

In attendance relating to the application:

 

Mr Enbiya Kilig, Applicant

Ms L Murray, Agent

 

The Committee DEFERRED consideration of this application to the next meeting of the Committee by which time it was anticipated a decision would have been made on the adoption of a Policy on late hours catering licences.

 

9.           Application for the Grant of a Late Hours Catering Licence

 

There had been circulated Report No. LCI18/07 dated 22 August, 2007 by the Area Solicitor which related to an application in respect of Ms Rukiye Bayansar in respect of Munchees Kebab Shop, Farraline Park, Inverness for the grant of a Late Hours Catering Licence which permitted trading until 3.00 a.m. on Thursdays, Fridays and Saturdays and until 12 midnight on Sundays, Mondays, Tuesdays and Wednesdays.

 

The Committee REFUSED the application on the grounds of the owners having repeatedly breached the terms of the Environmental Protection Act 1990.

 

10.      Application for the Grant of a Licence for a House in Multiple Occupation

 

There had been circulated Report No. LCI-19/07 dated 22 August, 2007 by the Area Solicitor which related to an application for Mr Ali Mohamed in respect of his property at Chicos Hostel, 23a High Street, Inverness for the grant of a licence for licence for a House in Multiple Occupation.

 

In attendance relating to the application: Mr Ali Mohamed, Applicant

 

The Committee having ascertained that the applicant was not dealing with homeless referrals from the Council’s Social Work Service, GRANTED the licence as recommended subject to all required works being completed prior to operation of the licence.  

 

11.      Application for the Grant of a Licence for a House in Multiple Occupation

 

There had been circulated Report No. LCI-20/07 dated 22 August, 2007 by the Area Solicitor which related to an application for Mokter Miah in respect of his property at 16 Warrand Road, Inverness for the grant of a licence for a House in Multiple Occupation.

 

In attendance relation to the application: Mr M Miah, Applicant

 

The Committee GRANTED the licence subject all required works being completed prior to operation of the licence.

 

12.      Application for the Grant of a Licence for a House in Multiple Occupation

 

There had been circulated Report No. LCI-21/07 dated 22 August, 2007 by the Area Solicitor which related to an application for Neil Cameron in respect of his property at 44 Huntly Street, Inverness for the grant of a licence for a House in Multiple Occupation.

 

Mr Elsey having explained that the required work had now been completed, the Committee NOTED that this application could be dealt with under delegated powers.

 

 

There had been circulated Report No. LCI-22/07 dated 22 August, 2007 by the   Area Solicitor which related to a Licensed Taxi Driver, Mr Kevin Grant, who had received a conviction for speeding.

 

In attendance relating to the application: Mr K Grant, License Holder

 

The Committee heard from Mr Grant and, after a severe censure and warning by the Chairman, AGREED to take no further action.

 

There had been circulated Report No. LCI-23/07 dated 13 August, 2007 by the Area Solicitor which related to an application for Nina St. Charles Limited, 90 Old Church Street, London in respect of 40 Telford Road, Inverness for the renewal of a licence for a House in Multiple Occupation.

 

The Committee agreed to DEFER consideration of this application pending further information being submitted.

 

The meeting ended at 11.40pm